Cal Pen Code § 12022.53 (2004)
§ 12022.53. Sentence enhancements for persons convicted of specified
felonies who use firearm; Limits on credits on terms
(a) This section applies to the following felonies:
(1) Section 187 (murder).
(2) Section 203 or 205 (mayhem).
(3) Section 207, 209, or 209.5 (kidnapping).
(4) Section 211 (robbery).
(5) Section 215 (carjacking).
(6) Section 220 (assault with intent to commit a specified
felony).
(7) Subdivision (d) of Section 245 (assault with a firearm on
a peace officer or firefighter).
(8) Section 261 or 262 (rape).
(9) Section 264.1 (rape or sexual penetration in concert).
(10) Section 286 (sodomy).
(11) Section 288 or 288.5 (lewd act on a child).
(12) Section 288a (oral copulation).
(13) Section 289 (sexual penetration).
(14) Section 4500 (assault by a life prisoner).
(15) Section 4501 (assault by a prisoner).
(16) Section 4503 (holding a hostage by a prisoner).
(17) Any felony punishable by death or imprisonment in the
state prison for life.
(18) Any attempt to commit a crime listed in this subdivision
other than an assault.
(b) Notwithstanding any other provision of law, any person
who , in the commission of a felony specified in subdivision (a), personally
uses a firearm, shall be punished by an additional and consecutive term of
imprisonment in the state prison for 10 years. The firearm need not be operable
or loaded for this enhancement to apply.
(c) Notwithstanding any other provision of law, any person
who , in the commission of a felony specified in subdivision (a), personally
and intentionally discharges a firearm, shall be punished by an additional and
consecutive term of imprisonment in the state prison for 20 years.
(d) Notwithstanding any other provision of law, any person
who , in the commission of a felony specified in subdivision (a), Section 246,
or subdivision (c) or (d) of Section 12034,personally and intentionally
discharges a firearm and proximately causes great bodily injury, as defined in
Section 12022.7, or death, to any person other than an accomplice, shall be
punished by an additional and consecutive term of imprisonment in the state
prison for 25 years to life.
(e) (1) The enhancements provided in this section shall apply
to any person who is a principal in the commission of an offense if both of the
following are pled and proved:
(A) The person violated subdivision (b) of Section 186.22.
(B) Any principal in the offense committed any act specified
in subdivision (b), (c), or (d).
(2) An enhancement for participation in a criminal street
gang pursuant to Chapter 11 (commencing with Section 186.20) of Title 7 of Part
1 shall not be imposed on a person in addition to an enhancement imposed
pursuant to this subdivision, unless the person personally used or personally
discharged a firearm in the commission of the offense.
(f) Only one additional term of imprisonment under this
section shall be imposed per person for each crime. If more than one
enhancement per person is found true under this section, the court shall impose
upon that person the enhancement that provides the longest term of
imprisonment. An enhancement involving a firearm specified in Section 12021.5,
12022, 12022.3, 12022.4, 12022.5, or 12022.55 shall not be imposed on a person
in addition to an enhancement imposed pursuant to this section. An enhancement
for great bodily injury as defined in Section 12022.7, 12022.8, or 12022.9
shall not be imposed on a person in addition to an enhancement imposed pursuant
to subdivision (d).
(g) Notwithstanding any other provision of law, probation
shall not be granted to, nor shall the execution or imposition of sentence be
suspended for, any person found to come within the provisions of this section.
(h) Notwithstanding Section 1385 or any other provision of
law, the court shall not strike an allegation under this section or a finding
bringing a person within the provisions of this section.
(i) The total amount of credits awarded pursuant to Article
2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 or
pursuant to Section 4019 or any other provision of law shall not exceed 15
percent of the total term of imprisonment imposed on a defendant upon whom a
sentence is imposed pursuant to this section.
(j) For the penalties in this section to apply, the existence
of any fact required under subdivision (b), (c), or (d) shall be alleged in the
information or indictment and either admitted by the defendant in open court or
found to be true by the trier of fact. When an enhancement specified in this
section has been admitted or found to be true, the court shall impose
punishment pursuant to this section rather than imposing punishment authorized under
any other provision of law, unless another provision of law provides for a
greater penalty or a longer term of imprisonment.
(k) When a person is found to have used or discharged a
firearm in the commission of an offense that includes an allegation pursuant to
this section and the firearm is owned by that person, a coparticipant, or a
coconspirator, the court shall order that the firearm be deemed a nuisance and
disposed of in the manner provided in Section 12028.
(l) The enhancements specified in this section shall not
apply to the lawful use or discharge of a firearm by a public officer, as
provided in Section 196, or by any person in lawful self-defense, lawful
defense of another, or lawful defense of property, as provided in Sections 197,
198, and 198.5.